Jahn Associates Architects v Woollahra Municipal Council [2004] NSWLEC 371

Land and Environment Court of New South Wales

CITATION : Jahn Associates Architects v Woollahra Municipal Council [2004] NSWLEC 371 APPLICANT Jahn Associates Architects PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10431 of 2004 CORAM: Hoffman C KEY ISSUES: Development Application :- Loss of views - visual bulk and scale - floor space ratio LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Residential Development Control Plan CASES CITED: DATES OF HEARING: 06/07/2004 EX TEMPORE 07/06/2004 JUDGMENT DATE :

APPLICANT Ms M-L Taylor, solicitor SOLICITORS Norman Waterhouse Incorporating Taylor Kelso LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell, solicitor SOLICITORS Michell Sillar

JUDGMENT: - 6 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

6 July 2004

10431 of 2004 Jahn Associates Architects v Woollahra Municipal Council

JUDGMENT 1 This was a Class 1 Appeal No. 10431 of 2004 between Jahn Associates Architects and Woollahra Municipal Council, in regards to the refusal of alterations and additions to a home at No. 83B Drumalbyn Road, Bellevue Hill. The house was part of a number of battleaxe lots between Victoria Road and Drumalbyn Road and was accessed by a reciprocal right of way that included amongst other properties No. 83A, another house on the north eastern side of the subject site. On the south eastern side of the subject site was No. 85 Drumalbyn Road, a 1950's style block of flats, 3 storeys high above ground level carparking. 2 The land sloped up steeply on all 3 properties and the slope continued uphill to Victoria Road, where there is another line of houses above those three properties.